U.S. Court of Appeals for the 8th Circuit • 25-03248
Joaquin Avila v. Pamela Bondi
Active
Case Information
Filed: November 10, 2025
Argued: February 19, 2026
Assigned to:
—
Referred to:
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Nature of Suit: Nature of Suit 2463
Cause:
—
Active
Last Activity:
February 25, 2026
Parties:
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Docket Entries
Nov 10, 2025
**LOCKED-COUNSEL TO REFILE LISTING ALL PARTIES BEING REPRESENTED**APPEARANCE filed by Brooke Maurer for Appellant Pamela Bondi w/service 11/10/2025 5577128 [25-3248]--[Edited 11/12/2025 by HAG to lock] (BM) [Entered: 11/10/2025 04:48 PM]
Nov 10, 2025
Originating court document filed consisting of notice of appeal filed 11/7/2025, Opinion and Order filed 10/21/2025, Judgment filed 10/22/2025, and docket entries, [5577105] [25-3248] (ASL) [Entered: 11/10/2025 04:25 PM]
Nov 10, 2025
BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 12/22/2025. Appendix due 12/30/2025. BRIEF APPELLANT, Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen due 12/30/2025 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5577112] [25-3248] (ASL) [Entered: 11/10/2025 04:29 PM]
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BRIEFING
Nov 10, 2025
APPEARANCE filed by Brooke Maurer for Appellant Pamela Bondi w/service 11/10/2025 [5577128] [25-3248] (BM) [Entered: 11/10/2025 04:48 PM]
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APPEARANCE
Nov 10, 2025
Prisoner case docketed. [5577098] [25-3248] (ASL) [Entered: 11/10/2025 04:17 PM]
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Prisoner
Nov 12, 2025
**LOCKED-COUNSEL TO REFILE LISTING CORRECT PARTIES BEING REPRESENTED** APPEARANCE filed by Brooke M. Maurer for Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson, Sirce E. Owen and Not Party Ryan Shea w/service 11/12/2025 5577416 [25-3248]--[Edited 11/12/2025 by HAG to lock] (BM) [Entered: 11/12/2025 12:11 PM]
Nov 12, 2025
APPEARANCE filed by Brooke M. Maurer for Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen w/service 11/12/2025 [5577626] [25-3248] (BM) [Entered: 11/12/2025 03:50 PM]
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APPEARANCE
Nov 13, 2025
Certificate of transcript filed by Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Samuel Olson, Sirce E. Owen and Kristi Noem. No Transcript[5578028] [25-3248] (BM) [Entered: 11/13/2025 01:56 PM]
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Certificate
Nov 17, 2025
MOTION for an expedited appeal, filed by Attorney Brooke Maurer for Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen w/service 11/17/2025. [5579050] [25-3248] (BM) [Entered: 11/17/2025 12:14 PM]
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MOTION
Nov 20, 2025
APPEARANCE filed by Russell J.E. Verby for Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen w/service 11/20/2025 [5580239] [25-3248] (RJV) [Entered: 11/20/2025 06:41 AM]
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APPEARANCE
Nov 20, 2025
RESPONSE in opposition to motion for an expedited appeal [5579050-2] filed by Attorney David L. Wilson for Appellee Joaquin Herrera Avila, w/service 11/20/2025. [5580339] [25-3248] (DLW) [Entered: 11/20/2025 10:11 AM]
Nov 21, 2025
REPLY to response [5580339-2] filed by Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen w/service 11/21/2025. [5581251] [25-3248] (RJV) [Entered: 11/21/2025 06:09 PM]
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REPLY
Nov 26, 2025
MEMORANDUM in support of motion for an expedited appeal, Doc No. [5579050-2], filed by Attorney Russell John Verby for Appellants Department of Homeland Security, Executive Office for Immigration Review, Peter B. Berg, Kristi Noem, Sirce E. Owen, Pamela Bondi, Todd M. Lyons, Immigration & Customs Enforcement and Samuel Olson w/service 11/26/2025. [5584860] [25-3248] (HAG) [Entered: 12/04/2025 04:15 PM]
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MEMORANDUM
Nov 26, 2025
**LOCKED: IMPROPERLY FILED AS A 28(j). REFILED AS A MEMO IN SUPPORT [5584860]** 28(j) citation filed by Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen w/service 11/26/2025 - FOR CAL [5582796] [25-3248]--[Edited 12/04/2025 by HAG to lock] (RJV) [Entered: 11/26/2025 08:12 PM]
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**LOCKED:
Nov 28, 2025
RESPONSE in opposition to the memo in support of the motion to expedite [5584860-2] [5579050-2], filed by Attorney David L. Wilson for Appellee Joaquin Herrera Avila, w/service 11/28/2025. [5584863] [25-3248] (HAG) [Entered: 12/04/2025 04:21 PM]
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RESPONSE
Nov 28, 2025
**LOCKED: IMPROPERLY FILED AS RESPONSE TO 28(j). REFILED AS A RESPONSE TO THE MEMO IN SUPPORT [5584863]** Response of Appellee Joaquin Herrera Avila to 28(j) citation, [5582796-2], filed by Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen, w/service 11/28/2025 - FOR CAL [5582807] [25-3248]--[Edited 12/03/2025 by HAG to revise dkt txt] --[Edited 12/04/2025 by HAG to lock] (DLW) [Entered: 11/28/2025 10:26 AM]
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**LOCKED:
Dec 01, 2025
**LOCKED-APPENDICES ARE NOT FILED ELECTRONICALLY** Addendum of APPELLANT submitted for review by Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. 5583264 [25-3248]--[Edited 12/03/2025 by HAG to lock] (RJV) [Entered: 12/01/2025 06:11 PM]
Dec 01, 2025
APPELLANT brief of Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5583262] [25-3248]--[Edited 12/03/2025 by HAG to correct type of brief submitted] (RJV) [Entered: 12/01/2025 05:58 PM]
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APPELLANT
Dec 03, 2025
APPEARANCE filed by DAVID L WILSON for Appellee Joaquin Herrera Avila w/service 12/03/2025 [5584161] [25-3248] (DLW) [Entered: 12/03/2025 01:58 PM]
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APPEARANCE
Dec 03, 2025
Record Deficiency Sent to Attorney Russell John Verby for Appellants Department of Homeland Security, Executive Office for Immigration Review, Peter B. Berg, Kristi Noem, Sirce E. Owen, Pamela Bondi, Todd M. Lyons, Immigration & Customs Enforcement and Samuel Olson. Record Deficiency due on 12/08/2025. [5584249-1] [25-3248] (HAG) [Entered: 12/03/2025 03:22 PM]
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Record
Dec 03, 2025
Addendum deficiency notice sent to counsel, Attorney Russell John Verby for Appellants Department of Homeland Security, Executive Office for Immigration Review, Peter B. Berg, Kristi Noem, Sirce E. Owen, Pamela Bondi, Todd M. Lyons, Immigration & Customs Enforcement and Samuel Olson. New electronic copy of addendum due on 12/08/2025 [5584245] [25-3248] (HAG) [Entered: 12/03/2025 03:20 PM]
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Addendum
Dec 03, 2025
Brief deficiency notice sent to counsel, Attorney Russell John Verby for Appellants Department of Homeland Security, Executive Office for Immigration Review, Peter B. Berg, Kristi Noem, Sirce E. Owen, Pamela Bondi, Todd M. Lyons, Immigration & Customs Enforcement and Samuel Olson. [5584229] [25-3248] (HAG) [Entered: 12/03/2025 03:01 PM]
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Brief
Dec 03, 2025
**LOCKED-COUNSEL TO REFILE INDICATING NAME OF PARTY BEING REPRESENTED**APPEARANCE filed by David L Wilson for Appellee Joaquin Herrera Avila w/service 12/03/2025 5584131 [25-3248]--[Edited 12/03/2025 by HAG to lock] (DLW) [Entered: 12/03/2025 01:24 PM]
Dec 03, 2025
APPEARANCE filed by Teresa Nelson for Appellee Joaquin Herrera Avila w/service 12/03/2025 [5584005] [25-3248] (TN) [Entered: 12/03/2025 11:15 AM]
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APPEARANCE
Dec 03, 2025
APPEARANCE filed by Benjamin R Casper for Appellee Joaquin Herrera Avila w/service 12/03/2025 [5584003] [25-3248] (BC) [Entered: 12/03/2025 11:14 AM]
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APPEARANCE
Dec 04, 2025
APPELLANT brief of Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5584470] [25-3248] (RJV) [Entered: 12/04/2025 09:10 AM]
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APPELLANT
Dec 04, 2025
APPEARANCE filed by Cameron Giebink for Appellee Joaquin Herrera Avila w/service 12/04/2025 [5584904] [25-3248] (CLG) [Entered: 12/04/2025 07:54 PM]
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APPEARANCE
Dec 04, 2025
Addendum of APPELLANT submitted for review by Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Samuel Olson and Sirce E. Owen. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5584473] [25-3248] (RJV) [Entered: 12/04/2025 09:11 AM]
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Addendum
Dec 12, 2025
ADDENDUM of APPELLANT FILED by Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen, w/service 12/12/2025. [5588034] [25-3248] (HAG) [Entered: 12/12/2025 04:53 PM]
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ADDENDUM
Dec 12, 2025
BRIEF FILED - APPELLANT BRIEF filed by Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen, w/service 12/12/2025. Length: 10,052 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen due 12/17/2025 WITH certificate of service for paper briefs. Brief of Joaquin Herrera Avila due on 01/12/2026. [5588033] [25-3248] (HAG) [Entered: 12/12/2025 04:51 PM]
Dec 12, 2025
JUDGE ORDER: Appellants' [5579050-2] motion for an expedited appeal is granted. The following briefing schedule is established: Opening brief and appendix due 12/15/2025. Response brief due 01/12/2026. Reply brief due 01/20/2026. Adp Dec 2025 [5588028] [25-3248] (HAG) [Entered: 12/12/2025 04:42 PM]
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JUDGE
Dec 15, 2025
APPEARANCE filed by Judy Rabinovitz for Appellee Joaquin Herrera Avila w/service 12/15/2025 [5588493] [25-3248] (JR) [Entered: 12/15/2025 05:58 PM]
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APPEARANCE
Dec 15, 2025
APPEARANCE filed by My Khanh Ngo for Appellee Joaquin Herrera Avila w/service 12/15/2025 [5588492] [25-3248] (MN) [Entered: 12/15/2025 05:52 PM]
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APPEARANCE
Dec 16, 2025
Paper copies Appellant/Petitioner Brief, [5588033-2] filed by Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen 10 paper copies received. w/Addendum attached. 5588789 [25-3248] (HAG) [Entered: 12/16/2025 01:30 PM]
Dec 16, 2025
Record Deficiency Sent to Attorney Russell John Verby for Appellants Department of Homeland Security, Executive Office for Immigration Review, Peter B. Berg, Kristi Noem, Sirce E. Owen, Pamela Bondi, Todd M. Lyons, Immigration & Customs Enforcement and Samuel Olson. Record Deficiency due on 12/22/2025. [5588790-1] [25-3248] (HAG) [Entered: 12/16/2025 01:32 PM]
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Record
Dec 18, 2025
RECORD FILED - JOINT APPENDIX, 1 volume, Comments: 3 sets 5589642 [25-3248] (HAG) [Entered: 12/18/2025 10:08 AM]
Jan 12, 2026
APPELLEE brief of Joaquin Herrera Avila submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5596499] [25-3248] (JR) [Entered: 01/12/2026 08:50 PM]
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APPELLEE
Jan 12, 2026
Addendum of APPELLEE submitted for review by Joaquin Herrera Avila. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5596500] [25-3248] (JR) [Entered: 01/12/2026 08:52 PM]
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Addendum
Jan 13, 2026
MOTION interested party, American Immigration Council and American Immigration Lawyers Association, for leave to file amicus curiae brief on behalf of American Immigration Council and American Immigration Lawyers Association. w/service 01/13/2026. [5596991] [25-3248] (ECW) [Entered: 01/13/2026 04:46 PM]
Jan 15, 2026
Brief deficiency notice sent to counsel, Attorney Judy Rabinovitz for Appellee Joaquin Herrera Avila. [5597632] [25-3248] (HAG) [Entered: 01/15/2026 11:22 AM]
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Brief
Jan 15, 2026
Addendum deficiency notice sent to counsel, Attorney Judy Rabinovitz for Appellee Joaquin Herrera Avila. New electronic copy of addendum due on 01/20/2026. [5597712] [25-3248] (HAG) [Entered: 01/15/2026 12:49 PM]
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Addendum
Jan 16, 2026
BRIEF FILED - APPELLEE BRIEF filed by Joaquin Herrera Avila w/service 01/16/2026. Length: 10,054 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Joaquin Herrera Avila due 01/21/2026 WITH certificate of service for paper briefs. [5598227] [25-3248] (BNW) [Entered: 01/16/2026 03:17 PM]
Jan 16, 2026
BRIEF FILED - AMICI BRIEF filed by American Immigration Council and American Immigration Lawyers Association w/service 01/16/2026. Length: 6,475 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM American Immigration Council and American Immigration Lawyers Association due 01/21/2026 WITH certificate of service for paper briefs. [5598237] [25-3248] (BNW) [Entered: 01/16/2026 03:26 PM]
Jan 16, 2026
CLERK ORDER:Granting [5596991-2] motion for leave to file amici brief. American Immigration Council and American Immigration Lawyers Association have been changed to amici in this case. [5598233] [25-3248] (BNW) [Entered: 01/16/2026 03:22 PM]
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CLERK
Jan 16, 2026
ADDENDUM of APPELLEE FILED by Appellee Joaquin Herrera Avila w/service 01/16/2026. [5598229] [25-3248] (BNW) [Entered: 01/16/2026 03:17 PM]
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ADDENDUM
Jan 16, 2026
CLERK ORDER:The motion to take judicial notice filed by Judy Rabinovitz [5598133-2] is hereby ordered taken with the case for consideration by the panel to which this case is submitted for disposition on the merits. - FOR CAL [5598221] [25-3248] (BNW) [Entered: 01/16/2026 03:08 PM]
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CLERK
Jan 16, 2026
Addendum of APPELLEE submitted for review by Joaquin Herrera Avila. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5598142] [25-3248] (JR) [Entered: 01/16/2026 01:06 PM]
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Addendum
Jan 16, 2026
APPELLEE brief of Joaquin Herrera Avila submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5598141] [25-3248] (JR) [Entered: 01/16/2026 01:02 PM]
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APPELLEE
Jan 16, 2026
MOTION to take judicial notice and for extension of time to file brief until 01/23/2026, filed by Attorney Judy Rabinovitz for Appellee Joaquin Herrera Avila w/service 01/16/2026. [5598133] [25-3248]--[Edited 01/16/2026 by BNW to correct relief and docket text. NDA resent.]- FOR CAL--[Edited 01/16/2026 by BNW] (JR) [Entered: 01/16/2026 12:49 PM]
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MOTION
Jan 20, 2026
JUDGE ORDER:Granting joint [5598133-3] motion for extension of time to file brief filed by Judy Rabinovitz. Reply brief of Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen due 01/23/2026. Adp Dec 2025 [5598512] [25-3248] (HAG) [Entered: 01/20/2026 10:53 AM]
Jan 20, 2026
AMICUS/INTERVENOR brief of Immigration Law Scholars submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5598850] [25-3248] (AJ) [Entered: 01/20/2026 04:02 PM]
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AMICUS/INTERVENOR
Jan 20, 2026
Paper copies Appellee/Respondent brief, [5598227-2] filed by Joaquin Herrera Avila 10 paper copies received, w/Addendum attached. Paper brief deficiency due 01/26/2026 - SEE ATTACHED NOTICE. [5598617] [25-3248] (HAG) [Entered: 01/20/2026 11:58 AM]
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Paper
Jan 20, 2026
CORRECTED/INITIAL certificate of service for Paper Brief, Doc No. [5598617-2], filed by Appellee Joaquin Herrera Avila [5598917] [25-3248]--[Edited 01/21/2026 by HAG to link to correct dkt entry] (JR) [Entered: 01/20/2026 06:43 PM]
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CORRECTED/INITIAL
Jan 20, 2026
Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have a conflict on any day (or days) that are scheduled for argument sessions. Click Here to View Published Argument Calendars and Future Court Session Dates and Locations If you have such a conflict, please inform the court by sending a letter identifying the day (or days) on which you have a conflict and the specific reason for the conflict. Please note that blanket assertions of a conflict for the entirety of a court week or weeks will not be considered absent an adequate explanation of good cause. While the clerk's office takes conflict dates into consideration in scheduling oral arguments, we do not guarantee that every request will be honored. You can file your letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. [25-3248] (JMM) [Entered: 01/20/2026 09:21 AM]
Jan 21, 2026
Paper copies Amicus Brief, [5598237-2] filed by American Immigration Council and American Immigration Lawyers Association 10 paper copies received. 5599352 [25-3248] (HAG) [Entered: 01/21/2026 03:01 PM]
Jan 22, 2026
PUBLIC DOCKET NOTE: The amicus party Immigration Law Scholars is made of of the following individuals: Paulina D. Arnold, Ahilan T. Arulanantham, Adam B. Cox, Alina Das, Ingrid Eagly, Denise L. Gilman, Bill Ong Hing, Mary Holper, Hiroshi Motomura, Lindsay Nash, Juliet Stumpf, Margaret H. Taylor and Philip L. Torrey. 5599670 [25-3248] (HAG) [Entered: 01/22/2026 11:13 AM]
Jan 22, 2026
AMICUS/INTERVENOR brief of Immigration Law Scholars submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5599736] [25-3248] (AJ) [Entered: 01/22/2026 12:07 PM]
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AMICUS/INTERVENOR
Jan 22, 2026
Brief deficiency notice sent to counsel, Attorney Amit Jain for Amicus on Behalf of Appellee(s) Immigration Law Scholars. [5599671] [25-3248] (HAG) [Entered: 01/22/2026 11:14 AM]
Main Document:
Brief
Jan 23, 2026
REPLY brief of Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5600649] [25-3248]--[Edited 01/26/2026 by HAG to correct type of brief submitted, attach brief with corrected word count in Cert. of Compliance, and resend NDA] (RJV) [Entered: 01/23/2026 09:34 PM]
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REPLY
Jan 23, 2026
LETTER from Appellee Joaquin Herrera Avila regarding availability for oral argument. w/service 01/23/2026 [5600411] [25-3248] (MKT) [Entered: 01/23/2026 01:51 PM]
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LETTER
Jan 23, 2026
APPEARANCE filed by Michael K.T. Tan for Appellee Joaquin Herrera Avila w/service 01/23/2026 [5600236] [25-3248] (MKT) [Entered: 01/23/2026 11:18 AM]
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APPEARANCE
Jan 26, 2026
BRIEF FILED - AMICUS BRIEF filed by Immigration Law Scholars, w/service 01/26/2026. Length: 6,499 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Immigration Law Scholars due 02/02/2026 WITH certificate of service for paper briefs. [5600860] [25-3248] (HAG) [Entered: 01/26/2026 10:37 AM]
Jan 26, 2026
BRIEF FILED - APPELLANT REPLY BRIEF filed by Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen, w/service 01/26/2026. Length: 6,009 words. 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen due 02/02/2026 WITH certificate of service for paper briefs. [5600997] [25-3248] (HAG) [Entered: 01/26/2026 01:38 PM]
Jan 27, 2026
APPEARANCE filed by Benjamin Hayes for Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen w/service 01/27/2026 [5601488] [25-3248] (BTH) [Entered: 01/27/2026 01:38 PM]
Main Document:
APPEARANCE
Jan 30, 2026
MOTION Opposed Expedited Motion to Submit Appeal on the Briefs or, Alternatively, to Further Expedite Oral Argument, filed by Attorney Russell John Verby for Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen w/service 01/30/2026. [5603007] [25-3248] (RJV) [Entered: 01/30/2026 03:06 PM]
Jan 30, 2026
Paper copies Amicus Brief, [5600860-2] filed by Immigration Law Scholars 10 paper copies received. 5603801 [25-3248] (HAG) [Entered: 02/03/2026 08:57 AM]
Feb 02, 2026
RESPONSE in opposition to motion to submit appeal on the briefs or further expedite oral argument [5603007-2] filed by Attorney David L. Wilson for Appellee Joaquin Herrera Avila, w/service 02/02/2026. [5603452] [25-3248]--[Edited 02/02/2026 by HAG to revise dkt txt] (DLW) [Entered: 02/02/2026 12:43 PM]
Feb 05, 2026
REPLY to response [5603452-2] filed by Appellants Peter B. Berg, Pamela Bondi, Executive Office for Immigration Review, Kristi Noem, Department of Homeland Security, Immigration & Customs Enforcement, Samuel Olson, Sirce E. Owen and Todd M. Lyons w/service 02/05/2026. [5604890] [25-3248] (RJV) [Entered: 02/05/2026 07:12 AM]
Feb 09, 2026
Paper copies Reply brief, [5600997-2] filed by Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen 10 paper copies received. 5606208 [25-3248] (HAG) [Entered: 02/09/2026 02:28 PM]
Feb 10, 2026
28(j) citation filed by Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Kristi Noem, Samuel Olson and Sirce E. Owen w/service 02/10/2026 - FOR CAL [5606587] [25-3248] (RJV) [Entered: 02/10/2026 11:39 AM]
Feb 11, 2026
APPEARANCE filed by David W. Fuller for Appellants Sirce E. Owen, Samuel Olson, Kristi Noem, Todd M. Lyons, Immigration & Customs Enforcement, Executive Office for Immigration Review, Department of Homeland Security, Pamela Bondi and Peter B. Berg w/service 02/11/2026 [5606901] [25-3248] (DWF) [Entered: 02/11/2026 07:53 AM]
Main Document:
APPEARANCE
Feb 13, 2026
SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument Via Videoconference on Thursday, February 19, 2026. To be heard before Judges Bobby E. Shepherd, Ralph R. Erickson and L. Steven Grasz in Division I. The courtroom deputy will be Jeanette. All attorneys presenting oral argument must complete a Response Form. Click Here to Complete the Oral Argument Response Form. Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. 5608434 [25-3248] (MR) [Entered: 02/13/2026 04:25 PM]
Feb 13, 2026
JUDGE ORDER: This matter is set for oral argument on Thursday, March 19, 2026. Appellants have filed an opposed expedited motion to submit appeal on the briefs or, alternatively, to further expedite oral argument. [5603007-2] Upon review of the motion, the response and the reply by the Court, the motion to submit the appeal on the briefs is denied and the motion for expedited oral argument is granted.The clerk is directed to remove the case from the March 2026, oral argument calendar and to set this case for oral argument via videoconference at 9:00 a.m. CST on Thursday, February 19, 2026. The clerk will contact counsel prior to the oral argument date to run a test of their connections and answer any questions counsel may have concerning the videoconference oral argument. The videoconference will be conducted using the Microsoft Teams application. Hrg Mar 2026 [5608340] [25-3248] (MR) [Entered: 02/13/2026 02:55 PM]
Main Document:
JUDGE
Feb 13, 2026
SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in St. Paul on Thursday, March 19, 2026. To be heard before Judges Bobby E. Shepherd, Ralph R. Erickson and L. Steven Grasz in Division II. The courtroom deputy will be Michelle. All attorneys presenting oral argument must complete a Response Form. Click Here to Complete the Oral Argument Response Form. Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. 5608012 [25-3248] (JMM) [Entered: 02/13/2026 09:12 AM]
Feb 13, 2026
ARGUMENT RESPONSE/APPEARANCE FORM filed by Michael King Thomas Tan for Joaquin Herrera Avila for argument in February, at the Tele/Video Conference in Other. [5608458] [25-3248] (MKT)
Main Document:
Argument Response/Appearance Form
Feb 13, 2026
Response of Appellee Joaquin Herrera Avila to 28(j) citation, [5606587-2], filed by Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Kristi Noem, Samuel Olson and Sirce E. Owen, 28(j) citation for Calendar, [5606587-3], filed by Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Kristi Noem, Samuel Olson and Sirce E. Owen. w/service 02/13/2026 - FOR CAL [5608459] [25-3248] (MKT)
Feb 17, 2026
ARGUMENT RESPONSE/APPEARANCE FORM filed by Drew C. Ensign for Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen for argument in February, at the Tele/Video Conference in St. Paul, Minnesota. [5608976] [25-3248] (DCE)
Main Document:
Argument Response/Appearance Form
Feb 17, 2026
APPEARANCE filed by Drew C. Ensign for Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Samuel Olson and Sirce E. Owen w/service 02/17/2026 [5608629] [25-3248] (DCE)
Main Document:
Notice of Appearance
Feb 19, 2026
ARGUED & SUBMITTED in Via Videoconference to Judges Bobby E. Shepherd, Ralph R. Erickson, L. Steven Grasz on 02/19/2026.Drew C. Ensign for Appellants Department of Homeland Security, Executive Office for Immigration Review, Peter B. Berg, Kristi Noem, Sirce E. Owen, Pamela Bondi, Todd M. Lyons, Immigration & Customs Enforcement and Samuel Olson and Michael King/Thomas Tan for Appellee Joaquin Herrera Avila. Rebuttal by Drew C. Ensign for Department of Homeland Security, Executive Office for Immigration Review, Peter B. Berg, Kristi Noem, Sirce E. Owen, Pamela Bondi, Todd M. Lyons, Immigration & Customs Enforcement and Samuel Olson.RECORDED. Click Here To Listen to Oral Argument 5609598 [25-3248] (JMM) [Entered: 02/19/2026 09:46 AM]
Feb 23, 2026
28(j) citation filed by Appellee Joaquin Herrera Avila w/service 02/23/2026 - FOR CAL [5610778] [25-3248] (MKT) [Entered: 02/23/2026 12:33 PM]
Feb 24, 2026
28(j) citation filed by Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons and Kristi Noem w/service 02/24/2026 - FOR CAL [5611624] [25-3248] (RJV)
Feb 24, 2026
28(j) citation filed by Appellants Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement and Todd M. Lyons w/service 02/24/2026 - FOR CAL [5611623] [25-3248] (RJV)
Feb 25, 2026
Response of Appellee Joaquin Herrera Avila to 28(j) citation, [5611624-2], filed by Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons and Kristi Noem, 28(j) citation for Calendar, [5611624-3], filed by Peter B. Berg, Pamela Bondi, Department of Homeland Security, Executive Office for Immigration Review, Immigration & Customs Enforcement, Todd M. Lyons and Kristi Noem. w/service 02/25/2026 - FOR CAL [5611855] [25-3248] (MKT)
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